HomeMy WebLinkAbout09-308AUGUST 11, 2009 09 -308 RESOLUTION
(CARRIED
7 -0 LOST
LAID OVER
WITHDRAWN )
PURPOSE:
DISALLOWANCE
OF CLAIM BY
TRAVELER'S INDEMNITY
INITIATED BY: LEGAL DEPARTMENT
WHEREAS, the following claim has been referred to the City's insurance carrier
which has recommended disallowance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the proper City officials are hereby authorized and directed to disallow the
following claim against the City of Oshkosh:
Traveler's Indemnity (on behalf of Paul Marxen) DATE OF LOSS: 3/23/2009
(for injuries while assisting a Police officer)
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to inform the
claimant by certified mail of the disallowance and the fact that the claimant has six months
from the date of service to appeal.
BE IT FURTHER RESOLVED that the City Clerk is directed to send a copy of this
resolution and notice of disallowance to the appropriate insurance carrier for the City of
Oshkosh.
July 16, 2009
IN
MIDWEST
CLAIMS SERVICE
1700 Opdyke Court
Auburn Hills, Michigan
48326
(248) 371 -3100
(800) 225 -6561
(248) 371 -3091 fax
www.midwestclaims.com
Dear Ms. Ubrig,
City of Oshkosh
Attn: Pamela Ubrig
215 Church Ave.
P.O. Box 1130
Oshkosh, WI 54903 -1130
Re: Program:
Our Insured:
Date of loss:
Our Claim #:
Claimant:
Their Claim #:
Their Insured:
Injured Party:
League of Wisconsin Municipalities Mutual Insurance
City of Oshkosh
3/23/2009
WI8 141411
Travelers Indemnity Company
P.O. Box 12647
Reading, PA 19612
094- CB- A7R3179 -H
Renaissance Book Shop, Inc.
Paul Marxen
Midwest Claims Service, Inc. administers the claims for the League of Wisconsin Municipalities Mutual
Insurance who provides the insurance coverage for the City of Oshkosh. We are in receipt of the above -
stated subrogation claim, in which Travelers Indemnity Company has paid workers compensation benefits
on behalf of their insured's employee, Paul Marxen. Paul Marxen , was, injured when he assisted an
Oshkosh Police Officer who was struggling with a suspect. Travelers Indemnity Company has alleged that
the City of Oshkosh is responsible for this loss and is requesting reimbursement of the benefits they have
paid on behalf of their insured's employee.
We have completed our investigation of this claim and recommend that the City of Oshkosh deny this
subrogation claim pursuant to the Wisconsin statute for disallowance of claim 893.80(lg). The
disallowance of the claim in this manner will allow us to shorten the statute of limitations period to 6
months. The basis of this denial should be that there is no negligence on behalf of the City of Oshkosh
with respect to this incident. Additionally, our investigation has revealed no act of wrongdoing on behalf
of the police officer involved.
Please send a denial directly to Travelers Indemnity Company at the above listed addresses. This denial
should be sent certified or registered (restricted) mail and must be received by the Claimant within 120
days after you received the claim. Please send copy of denial to our address as stated above.
Sincerely,
Jessica Lowther, SCLA
Senior Claims Adjuster JUL 2
Enclosure
C1 *.� ACE
CC: WILLIS HRH ».� -----
A SUBSIDIARY OF HCC INSURANCE HOLDINGS, INC.'